Mr. Speaker, I rise to discuss the Conference Report for H.R. 658, the FAA Air Transportation Modernization and Safety Improvement Act. I want to thank Chairman Mica, Ranking Member Rahall, the other conferees, and the leadership for…
Mr. Speaker, I rise to discuss the Conference Report for H.R. 658, the FAA Air Transportation Modernization and Safety Improvement Act. I want to thank Chairman Mica, Ranking Member Rahall, the other conferees, and the leadership for finally bringing an FAA Reauthorization bill to the floor.
Nearly five years has passed since the last FAA Reauthorization Act passed by the Congress and signed into law by the President expired. Instead of passing a new clean reauthorization bill five years ago, the reauthorization process was subverted by the desire of some members across the aisle to hijack the FAA reauthorization process as a to advance narrow ideological interests. This politicization of what had previously been a nonpartisan approach to developing aviation legislation was a great disservice to our nation, particularly in the economically challenged conditions of the past several years.
Every day thousands of men and women give their best to ensure that the American civil aviation industry remains the best in the world. And no group of persons suffered more from Congress' failure to pass a short-term clean FAA extension last August than the airline pilots, air traffic controllers, flight attendants, baggage handlers, mechanics, technicians, customer service representatives, security personnel, and others whose livelihood depends upon a functioning civil aviation sector.
This past August, House Republican leadership, giving in to the demands of its extremist Tea Party faction and ignoring the long- standing Congressional tradition of passing clean extensions of the FAA reauthorization bill, broke precedent and attached to the bill several controversial ideologically extreme policy riders to weaken unions and kill jobs, knowing full well it would never be approved by the Senate. Then it adjourned and left town for the August recess.
This abdication of responsibility resulted in the furlough of more than 4,000 FAA non-partisan career civil servants who in many cases had spent more than two decades working to provide the public with safe, modern and efficient air travel. This Republican-initiated FAA shutdown resulted in work stoppages on 217 construction projects worth more $11 billion that had been undertaken to upgrade the nation's air traffic control and safety infrastructure.
This House majority's irresponsible action' more than 86,000 construction jobs at risks around the country and unconscionably jeopardized the ability of nearly 90,000 household to pay their rent or mortgages, educate their children, and put food on the table.
In addition to the havoc wreaked on the families of the employees involved, the Republicans' forced shutdown of the FAA cost the American taxpayer $300 million in lost airport fees. To make matters worse, instead of passing the savings resulting from the lapsed airline ticket tax on to air travelers, almost every one of the airlines raised their ticket prices and pocketed the money.
By any measure the House Republicans political gambit was a colossal blunder and the resulting public backlash led the chastened majority to drop the odious anti-labor provisions and pass a clean FAA extension thereby providing time for the parties to reconcile their differences and reach agreement on the long-term reauthorization measure before us today.
Turning to the merits of the bill before us, there is much in it that I approve and support.
First, the conference report maintains funding at current levels, authorizing a $63.4 billion investment in our Nation's aviation system for fiscal years, FY, 2012-15. Of this amount, approximately $13.4 billion is allocated for the Airport Improvement Program, AIP, $38.3 billion for FAA Operations, $672 million for Research, Engineering & Development, and $10.9 billion for FAA's Facilities & Equipment.
Second, the bill provides about $ 1 billion in funding authority for FAA's Next Generation, NextGen, air traffic modernization program, approximately the same as the past two years. When fully implemented, NextGen will complete the transformation of an antiquated air traffic control system based on World War II-era technology to one based on 21st Century GPS technology. Additionally, the bill accelerates the development of a NextGen satellite-based navigation system to provide pilots with more accurate information to track aircraft and weather. And to strengthen accountability for the progress on the NextGen program, the Conference Report sets a schedule for FAA and creates the new position of Chief NextGen Officer to oversee the effort.
Third, stripped from the Conference Report is the controversial House Republican provision that would have increased the percentage of employees who must vote in favor of a union before the National Mediation Board could certify the union as their representative. Had this provision not been dropped, it would have unfairly tilted the playing field against employees because a union could be certified only if it won the votes of a majority of all employees in a particular group, not just those who actually voted. It is clearly unfair to consider a vote not cast as a vote against. To put it another way: there is a gigantic difference between not voting and voting No! I am pleased that this anti-democratic provision has been dropped from the bill.
Fourth, the bill establishes a process for mediation and binding arbitration of impasses between the FAA and the collective-bargaining representatives of employees to help ensure that disputes are resolved fairly and efficiently without any disruption to the aviation system.
Fifth, the bill requires the FAA and OSHA to move forward with long- stalled rules to extend OSHA protections to flight attendants.
Sixth, the bill will help relieve congestion at many of the nation's interior hub airports by authorizing eight new round-trip flights between Reagan National Airport and airports located more than 1,250 miles away.
Finally, I am also pleased that H.R. 658 includes protections for passengers. For example, air travelers have greater assurance they will be treated fairly while traveling. Tarmac delays are something we have all experienced
at some point while traveling and can become frustrating to passengers who have no information as to when they will begin their travel. Now, airlines and airports would be required to have emergency contingency plans to take care of passengers who are involved in long uncomfortable tarmac delays. Passengers will no longer have to sit and wait on the tarmac wondering if they will ever move or be fed.
Mr. Speaker, as a member of the Transportation & Infrastructure Committee, and having served on its Aviation Subcommittee, I have worked tirelessly with my colleagues to secure passage of a clean FAA reauthorization bill. But I cannot support a reauthorization bill containing anti-labor provisions that undermine the rights of workers to bargain collectively over the terms and conditions of their employment. Regrettably, this bill does.
The bill contains statutory amendments to the Railway Labor Act which undermines 75 years of experience by the National Mediation Board's, NMB, in conducting representation elections in the air and rail industries. By removing the NMB's explicit statutory discretion in determining whether an election is mandated, this provision imposes new roadblocks for employees seeking union representation.
Another provision undermining the ability of employees to secure union representation is a proposed change in the way union run-off elections are handled. Under the proposed language, if Union A receives 40 percent of the votes and Union B receives 25 percent of the votes and the remaining 35 percent of the employees vote ``no union,'' then the run-off will be between Union A and no union. This is true even though 65 percent of the employees indicated they wanted a union and soundly defeated the ``no union'' option.
Most problematic, however, is the provision in the bill relating to ``showing of interest,'' requiring 50 percent of employees to sign up just to have an election. That is the same percentage of employees that would warrant union certification were the Employee Free Choice Act enacted into law.
This is the first time in history that Congress is legislating a showing of interest requirement in any federal labor law. Were this ``showing of interest'' provision to be applied in a merger setting, a larger employer that merges with a somewhat smaller airline will virtually guarantee there will be no unions on the merged property because where large numbers of employees are furloughed, it is virtually impossible for unions to meet the 50 percent threshold.
Taken together, these provisions constitute impose an intolerable burden on the ability of working men and women to bargain collectively over the terms and conditions of employment. I cannot support a legislative proposal that includes such provisions.
As one who born and raised in the House of Labor, educated in the School of Business, and who spent 14 years working in the corporate world, I stand ready to continue working with my colleagues, the Administration, industry and labor to develop and pass legislation that is beneficial and in the best interests of management, labor, government, and the public.
I urge my colleagues to vote ``no'' on this bill and once again urge this House to come forth with a clean long-term FAA reauthorization that will not impede workers rights.